September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6023 the gentleman from Colorado (Mr. Consistent with this commitment, subjected to a range of sanctions. LAMBORN) that the House suspend the over the past 8 years, I have directed Given these serious consequences, state rules and pass the bill, S. 3283. my Administration to pursue relent- sponsor of terrorism designations are The question was taken. lessly al-Qa’ida, the terrorist group made only after national security, for- The SPEAKER pro tempore. In the that planned the 9/11 attacks. The he- eign policy, and intelligence profes- opinion of the Chair, two-thirds being roic efforts of our military and sionals carefully review all available in the affirmative, the ayes have it. counterterrorism professionals have information to determine whether a Mr. LAMBORN. Mr. Speaker, on that decimated al-Qa’ida’s leadership and country meets the criteria that the I demand the yeas and nays. killed . My Adminis- Congress established. The yeas and nays were ordered. tration also strongly supported, and I In contrast, JASTA departs from The SPEAKER pro tempore. Pursu- signed into law, legislation which en- longstanding standards and practice ant to clause 8 of rule XX, further pro- sured that those who bravely responded under our Foreign Sovereign Immuni- ceedings on this motion will be post- on that terrible day and other sur- ties Act and threatens to strip all for- poned. vivors of the attacks will be able to re- eign governments of immunity from judicial process in the United States f ceive treatment for any injuries result- ing from the attacks. And my Adminis- based solely upon allegations by pri- MESSAGE FROM THE SENATE tration also directed the Intelligence vate litigants that a foreign govern- A message from the Senate by Ms. Community to perform a declassifica- ment’s overseas conduct had some role Curtis, one of its clerks, announced tion review of ‘‘Part Four of the Joint or connection to a group or person that that the Senate having proceeded to re- Congressional Inquiry into Intelligence carried out a terrorist attack inside consider the bill (S. 2040) ‘‘An Act to Community Activities Before and After the United States. This would invite deter terrorism, provide justice for vic- the Terrorist Attacks of September consequential decisions to be made tims, and for other purposes.’’, re- 11,’’ so that the families of 9/11 victims based upon incomplete information and turned by the President of the United and broader public can better under- risk having different courts reaching States with his objections, to the Sen- stand the information investigators different conclusions about the culpa- ate, in which it originated, it was gathered following that dark day of our bility of individual foreign govern- Resolved, That the said bill pass, two- history. ments and their role in terrorist activi- thirds of the Senators present having Notwithstanding these significant ef- ties directed against the United voted in the affirmative. forts, I recognize that there is nothing States—which is neither an effective The message also announced that that could ever erase the grief the 9/11 nor a coordinated way for us to respond pursuant to Public Law 110–315, the families have endured. My Administra- to indications that a foreign govern- Chair, on behalf of the President pro tion therefore remains resolute in its ment might have been behind a ter- tempore, announces the re-appoint- commitment to assist these families in rorist attack. ment of the following individual to be their pursuit of justice and do what- Second, JASTA would upset long- a member of the National Advisory ever we can to prevent another attack standing international principles re- Committee on Institutional Quality in the United States. Enacting JASTA garding sovereign immunity, putting and Integrity: Dr. Paul LeBlanc of New into law, however, would neither pro- in place rules that, if applied globally, Hampshire. tect Americans from terrorist attacks could have serious implications for U.S. national interests. The United f nor improve the effectiveness of our re- sponse to such attacks. As drafted, States has a larger international pres- JUSTICE AGAINST SPONSORS OF JASTA would allow private litigation ence, by far, than any other country, TERRORISM ACT—VETO MES- against foreign governments in U.S. and sovereign immunity principles pro- SAGE FROM THE PRESIDENT OF courts based on allegations that such tect our Nation and its Armed Forces, THE UNITED STATES foreign governments’ actions abroad officials, and assistance professionals, The SPEAKER pro tempore laid be- made them responsible for terrorism- from foreign court proceedings. These fore the House the following message related injuries on U.S. soil. This legis- principles also protect U.S. Govern- from the Senate: lation would permit litigation against ment assets from attempted seizure by The Senate having proceeded to reconsider countries that have neither been des- private litigants abroad. Removing the bill (S. 2040) entitled ‘‘An Act to deter ignated by the executive branch as sovereign immunity in U.S. courts terrorism, provide justice for victims, and state sponsors of terrorism nor taken from foreign governments that are not for other purposes.’’, returned by the Presi- direct actions in the United States to designated as state sponsors of ter- dent of the United States with his objec- carry out an attack here. The JASTA rorism, based solely on allegations that tions, to the Senate, in which it originated, would be detrimental to U.S. national such foreign governments’ actions it was abroad had a connection to terrorism- Resolved, That the said bill pass, two-thirds interests more broadly, which is why I of the Senators present having voted in the am returning it without my approval. related injuries on U.S. soil, threatens affirmative. First, JASTA threatens to reduce the to undermine these longstanding prin- effectiveness of our response to indica- ciples that protect the United States, The SPEAKER pro tempore laid be- tions that a foreign government has our forces, and our personnel. fore the House the following veto mes- taken steps outside our borders to pro- Indeed, reciprocity plays a substan- sage from the President of the United vide support for terrorism, by taking tial role in foreign relations, and nu- States: such matters out of the hands of na- merous other countries already have To the Senate of the United States: tional security and foreign policy pro- laws that allow for the adjustment of a I am returning herewith without my fessionals and placing them in the foreign state’s immunities based on the approval S. 2040, the ‘‘Justice Against hands of private litigants and courts. treatment their governments receive Sponsors of Terrorism Act’’ (JASTA), Any indication that a foreign govern- in the courts of the other state. Enact- which would, among other things, re- ment played a role in a terrorist attack ment of JASTA could encourage for- move sovereign immunity in U.S. on U.S. soil is a matter of deep concern eign governments to act reciprocally courts from foreign governments that and merits a forceful, unified Federal and allow their domestic courts to ex- are not designated state sponsors of Government response that considers ercise jurisdiction over the United terrorism. the wide range of important and effec- States or U.S. officials—including our I have deep sympathy for the families tive tools available. One of these tools men and women in uniform—for alleg- of the victims of the terrorist attacks is designating the foreign government edly causing injuries overseas via U.S. of September 11, 2001 (9/11), who have in question as a state sponsor of ter- support to third parties. This could suffered grievously. I also have a deep rorism, which carries with it a litany lead to suits against the United States appreciation of these families’ desire to of repercussions, including the foreign or U.S. officials for actions taken by pursue justice and am strongly com- government being stripped of its sov- members of an armed group that re- mitted to assisting them in their ef- ereign immunity before U.S. courts in ceived U.S. assistance, misuse of U.S. forts. certain terrorism-related cases and military equipment by foreign forces,

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.031 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6024 CONGRESSIONAL RECORD — HOUSE September 28, 2016 or abuses committed by police units Committee, pending which I yield my- makes this change because, under cur- that received U.S. training, even if the self such time as I may consume. rent law, a foreign nation can provide allegations at issue ultimately would GENERAL LEAVE financing and other substantial assist- be without merit. And if any of these Mr. GOODLATTE. Mr. Speaker, I ask ance for a terrorist attack in our coun- litigants were to win judgments—based unanimous consent that all Members try and escape liability so long as the on foreign domestic laws as applied by may have 5 legislative days within support is provided overseas. foreign courts—they would begin to which to revise and extend their re- For example, under current law, if look to the assets of the U.S. Govern- marks and include extraneous mate- the intelligence agency of a foreign ment held abroad to satisfy those judg- rials on S. 2040, currently under consid- government handed a terrorist a bag of ments, with potentially serious finan- eration. money in New York City to support an cial consequences for the United The SPEAKER pro tempore. Is there attack on U.S. soil, the country would States. objection to the request of the gen- be liable under the Foreign Sovereign Third, JASTA threatens to create tleman from Virginia? Immunities Act’s tort exception right complications in our relationships with There was no objection. now. However, if we change the fact even our closest partners. If JASTA Mr. GOODLATTE. Mr. Speaker, ear- pattern slightly so that rather than were enacted, courts could potentially lier today, the Senate voted 97–1 to giving a terrorist money in New York consider even minimal allegations ac- override the President’s veto on the City the money is provided in Paris, cusing U.S. allies or partners of com- Justice Against Sponsors of Terrorism the foreign state will not be subject to plicity in a particular terrorist attack Act. I rise to urge my colleagues to fol- liability in U.S. courts. This is a trou- in the United States to be sufficient to low the Senate’s action and vote to bling loophole in our antiterrorism open the door to litigation and wide- override this veto so that Americans laws. ranging discovery against a foreign may seek judicial redress against any When Congress enacted the Foreign country—for example, the country foreign government that chooses to Sovereign Immunities Act in 1976, it where an individual who later com- sponsor a terrorist attack on U.S. soil. put in place a broad set of exceptions mitted a terrorist act traveled from or The question that this veto override to sovereign immunity, including an became radicalized. A number of our vote poses is whether we should allow exception for tort claims involving in- allies and partners have already con- those who harm our citizens to hide be- juries occurring in the United States. tacted us with serious concerns about hind legal barriers that are required by However, the courts have not consist- the bill. By exposing these allies and neither the Constitution nor inter- ently interpreted those exceptions in partners to this sort of litigation in national law, or whether we should per- such a manner that they cover the U.S. courts, JASTA threatens to limit mit U.S. victims to hold those who sponsoring of a terrorist attack on U.S. their cooperation on key national secu- sponsor terrorism in our country fully soil. JASTA addresses this inconsist- rity issues, including counterterrorism accountable in our courts. I think that ency with a concrete rule that is con- initiatives, at a crucial time when we the answer to this question is clear, sistent with the nine longstanding ex- are trying to build coalitions, not cre- and I hope that my colleagues will join ceptions to foreign sovereign immunity ate divisions. me in overwhelmingly overriding the already provided for under U.S. law. The 9/11 attacks were the worst act of President’s veto of JASTA. JASTA ensures that those, including terrorism on U.S. soil, and they were The changes JASTA makes to exist- foreign governments, who sponsor ter- met with an unprecedented U.S. Gov- ing law are not dramatic, nor are they rorist attacks on U.S. soil are held ernment response. The United States sweeping. fully accountable for their actions. We has taken robust and wide-ranging ac- JASTA amends the Anti-Terrorism can no longer allow those who injure tions to provide justice for the victims Act to make clear that any person who and kill Americans to hide behind legal of the 9/11 attacks and keep Americans aids, abets, or conspires with a State loopholes denying justice to the vic- safe, from providing financial com- Department designated foreign ter- tims of terrorism. pensation for victims and their fami- rorist organization is subject to civil I urge my colleagues to vote to over- lies to conducting worldwide counter- liability for injury to a U.S. person. ride the President’s veto. terrorism programs to bringing crimi- In addition, the legislation amends Mr. Speaker, I reserve the balance of nal charges against culpable individ- the Foreign Sovereign Immunities Act my time. uals. I have continued and expanded to add an exception to foreign sov- Mr. CONYERS. Mr. Speaker, I yield upon these efforts, both to help victims ereign immunity for acts of inter- myself such time as I may consume. of terrorism gain justice for the loss national terrorism sponsored by a for- Mr. Speaker, the September 11, 2001, and suffering of their loved ones and to eign government that cause physical terrorist attacks on the United States protect the United States from future harm within the United States. constituted the deadliest foreign at- attacks. The JASTA, however, does not The President objects to this change tack on American soil in our Nation’s contribute to these goals, does not en- to the law on the grounds that it up- history. Their impact has been im- hance the safety of Americans from sets principles of foreign sovereign im- measurable, as evidenced by the fact terrorist attacks, and undermines core munity and that, by so doing, our na- that we are still grappling with their U.S. interests. tional interests will be threatened by cultural and policy implications. For these reasons, I must veto the reciprocal treatment from abroad. The Fifteen years later, their powerful bill. President’s objections, however, have emotional effect on Americans remains . no basis under U.S. or international as strong as ever. Those who lost loved THE WHITE HOUSE, September 23, 2016. law. ones or were injured as a result of this The SPEAKER pro tempore. The ob- The Foreign Sovereign Immunities horrific attack deserve our deepest jections of the President will be spread Act already has nine exceptions to sov- sympathy and our help. at large upon the Journal. ereign immunity, including the terri- It is in this vein that we consider The question is, Will the House, on torial tort exception. This exception whether to override the President’s reconsideration, pass the bill, the ob- provides that a foreign country is not veto of S. 2040, the Justice Against jections of the President to the con- immune from the jurisdiction of our Sponsors of Terrorism Act, which, trary notwithstanding? courts for injuries that it causes that among other things, amends the For- The gentleman from Virginia (Mr. occur entirely within the United eign Sovereign Immunities Act of 1976 GOODLATTE) is recognized for 1 hour. States. to create a new exception to the act’s Consistent with customary inter- general grant of foreign sovereign im- b 1345 national law, JASTA, for terrorism munity. Mr. GOODLATTE. Mr. Speaker, for cases, removes the current requirement The bill’s supporters present compel- the purpose of debate only, I yield the that the entire tort occur within the ling and sympathetic arguments in customary 30 minutes to the gen- United States and replaces it with a favor of ensuring that the 9/11 families tleman from Michigan (Mr. CONYERS), rule that only the physical injury or have access to a well-deserved day in the ranking member of the Judiciary death must occur on U.S. soil. JASTA court.

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.008 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6025 In his veto message, however, the Primarily led by people like Chair- makes such action unlikely, and any President raised a number of serious man GOODLATTE, Congressman NADLER, rogue state inclined to target U.S. in- substantive concerns about the poten- who is the chief cosponsor of the bill, terests can already do so. We must not tial unintended consequences of this and also by the leading sponsors in the hold justice for the 9/11 families hos- legislation. Senate, all of the President’s objec- tage to imagined fears. First, the President stated that S. tions, I believe, were addressed. Mr. Speaker, 15 years ago, on Sep- 2040 could undermine the effectiveness Changes were made. tember 11, we suffered the most deadly of our Nation’s national security and This bill is not going to put Amer- terrorist attack on our soil in this Na- counterterrorism efforts. For instance, ican soldiers at risk. It is not going to tion’s history. My district in New York other nations may become more reluc- put American diplomats at risk. What was the epicenter of this attack, but tant to share sensitive intelligence in it is going to do is finally allow the 9/ its effects were felt across the country, light of the greater risk that such in- 11 families to have their day in court including, of course, at formation may be revealed in litiga- to seek the justice they have long been and in Pennsylvania. We all have an in- tion. denied. And if the Government of Saudi terest in ensuring that the 9/11 victims Moreover, the President raised the Arabia has no involvement, if there is and their families can bring to justice concern that this legislation would ef- no liability, they have nothing to anyone who was responsible for this vi- fectively allow nonexpert private liti- worry about. cious attack. gants and courts, rather than national But the fact is, those of us who live JASTA simply reinstates what was security and foreign policy experts, to in New York, who live in New Jersey, understood to be the law for 30 years; determine key foreign and national se- and all Americans, no matter where that foreign states, not individuals, not curity policy questions like which you happen to live, those of us who soldiers, foreign states, may be brought states are sponsors of terrorism. were alive on that day know how much to justice for aiding and abetting acts Second, the President’s assertion this affected all of us. But just think of international terrorism that occur that enactment of S. 2040 may lead to about how it affected those families, on American soil, whether or not the retaliation by other countries against those who lost their husbands and conduct that facilitated the attack oc- the United States given the breadth of wives and children and grandchildren curred in the United States. our interests and the expansive reach and mothers and fathers. Some courts have recently held that of our global activities. So it is really essential that this if a foreign government agent hands So while it seems likely at this junc- House today stand on the side of those over a check to al Qaeda in a cafe in ture that S. 2040 will be enacted over who seek justice, realizing that we are New York to fund a terrorist attack in the President’s veto, I remain hopeful doing nothing in any way at all to put the United States, that government that we can continue to work toward any American lives at risk. What we can be sued in an American court. But the enactment of subsequent legisla- want to do is seek justice against those if that same foreign agent funds the tion to address the President’s con- who did cause Americans to die. cerns. Again, I thank the Senate for their same attack by handing over the same I understand the moral imperative of override vote today. I thank Chairman check in a cafe in Geneva, the govern- enacting legislation in this matter, but GOODLATTE for his outstanding work. I ment is immune from suit. I am sensitive to the seriousness of the thank my good colleague, JERRY NAD- That makes no sense, and it flies in concerns that the President raised. LER. DAN DONOVAN has done so much the face of what had been settled law I had expressed the hope, during floor since he has come to the Congress. for many years. Longstanding U.S. law, debate on this bill, that Congress and I urge the House of Representatives under the Foreign Sovereign Immuni- the President could work together to to join with the Senate in overriding ties Act, provides jurisdiction to sue find a better balance that would still the veto of the President of the United foreign states that cause a tortious in- enable 9/11 victims to seek justice States. jury on American soil. That is current while tempering the President’s con- Mr. CONYERS. Mr. Speaker, I yield 5 law. cerns. minutes to the gentleman from New b 1400 There is no doubt as to the passion York (Mr. NADLER). that the bill’s supporters bring to advo- Mr. NADLER. I thank the gentleman This is the international norm, and it cating for the victims of the September for yielding. has never prompted retaliatory con- 11, 2001, attacks, a passion that I share. Mr. Speaker, I want to start by duct by other nations. This bill simply As legislators, however, we must be thanking PETER KING and BOB GOOD- clarifies that if a foreign state murders driven not only by understandable LATTE for their role in bringing this thousands of Americans on American emotions but by thoughtful consider- bill to the floor as the sponsor and soil or provides substantial assistance ation of the long-term interests of our committee chairman. to a designated terrorist group that country. And for this reason, the ex- I rise in strong support of overriding murders thousands of Americans on pected outcome of today’s vote should the President’s veto of JASTA. JASTA American soil, that government cannot not be the end of this matter. is a carefully crafted, narrow bill that hide from justice merely because its Mr. Speaker, I reserve the balance of would hold accountable foreign govern- actions occurred abroad. my time. ments that knowingly provide substan- This bill does not target any par- Mr. GOODLATTE. Mr. Speaker, I tial assistance to a designated foreign ticular country or prejudge the merits yield 3 minutes to the gentleman from terrorist organization that launches an of any particular case. Any govern- New York (Mr. KING), the chief sponsor attack in the United States. ment brought before a U.S. court will of this legislation. Despite the overblown rhetoric of have every defense available to it, as Mr. KING of New York. Mr. Speaker, some critics of this bill, JASTA will well as extensive protections and gov- I thank the gentleman from Virginia not pose a threat to American military ernment privileges during discovery to (Mr. GOODLATTE), the chairman of the personnel or diplomats. They would be protect against disclosure of its sen- Judiciary Committee for yielding. Let absolutely protected if another country sitive information. What it will not be me, at the outset, thank him for the passed legislation mirroring this bill able to do is hide behind erroneous outstanding work that he has done in because JASTA applies only to govern- court decisions and jurisdictional loop- bringing this bill, this legislation, to ments. holes to avoid the legal process alto- this historic moment where I certainly To the extent that a foreign govern- gether. hope and urge the House of Representa- ment might pass broader legislation We have heard a parade of horribles tives to override—to join the Senate in that would make American personnel stemming from a hypothetical fear overriding the President’s veto of subject to liability, that country would that other nations would use JASTA as JASTA. not be reciprocating. It would be en- an excuse to target American citizens. I take very seriously the objections gaging in a transparent and unjustifi- Again, if a foreign government passes the President has raised, but this bill able act of aggression. legislation that mirrors JASTA, Amer- wasn’t drawn in a vacuum, and it The economic, diplomatic, and mili- ican citizens would still be absolutely hasn’t reached this stage in a vacuum. tary strength of the United States protected because JASTA applies only

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.035 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6026 CONGRESSIONAL RECORD — HOUSE September 28, 2016 to governments. A foreign government trine gets eroded, then there is less In general terms, JASTA would allow law- is highly unlikely to pass legislation protection, and we, the United States, suits in U.S. Federal Courts against foreign that goes beyond JASTA. If a rogue has more at stake in having our people states for actions taken abroad that are al- state does, in fact, authorize suits protected than any other country be- leged to have contributed to acts of ter- rorism in the United States, notwith- against American personnel abroad, we cause we have more people around the standing long-standing principles of sov- have a well-established process for de- world than anyone else. ereign immunity. Under existing law, simi- fending such actions. According to the So, in this Congress, we can control lar lawsuits are available for actions taken Office of Foreign Litigation at the De- the laws of the United States, and we abroad only by designated state sponsors of partment of Justice, ‘‘at any given can write them narrowly in a fine- terrorism. JASTA extends the stripping of time, foreign lawyers under the direct tuned way to just achieve our objec- immunity to states that are not designated supervision, represent the United tive. But then other countries respond. sponsors of terrorism, potentially subjecting States in approximately 1,000 lawsuits They may not have their laws narrowly many of the United States’ allies and part- ner nations to litigation in U.S. courts. defined in such a fine-tuned way. They pending in the courts of over 100 coun- JASTA has potentially harmful con- tries.’’ This is not a new issue for the may make them broader. Their prac- sequences for the Department of Defense and United States, and we are well tice may not have the protections that its personnel. Adoption of JASTA might re- equipped to deal with any con- ours do. So the concern is that this sult in reciprocal treatment of the United sequences. starts a series of unintended con- States and other countries could create ex- We are warned that will sequences that will increase the risk to ceptions to immunity that do not directly be very angry if we approve this bill, U.S. military personnel around the mirror those created by JASTA. This is like- that the Saudis may retaliate against world, U.S. intelligence community ly to increase our country’s vulnerability to the United States, may perhaps with- personnel around the world, and dip- lawsuits overseas and to encourage foreign governments or their courts to exercise ju- draw some investments. History shows lomats around the world. That is the risdiction over the United States or U.S. offi- that the Saudis will do what is in their reason you have widespread concern cials in situations in which we believe the interests. They need American support that has been voiced in each of those United States is entitled of sovereign immu- and American arms in the volatile Mid- communities for this legislation. nity. U.S. Service members stationed here dle East where they fear and fight Iran Let me just read briefly from a letter and overseas, and especially those sup- and its proxies. They are not going to from the Chairman of the Joint Chiefs porting our counterterrorism efforts, would prefer their emotions to their interests of Staff that has been available to all be vulnerable to private individuals’ accusa- and act against the United States. Members. It says: ‘‘Any legislation tions that their activities contributed to If the Saudi Government was not acts alleged to violate a foreign state’s law. that risks reciprocal treatment by for- Such lawsuits could relate to actions taken complicit in the attack on 9/11, the eign governments would increase the by members of armed groups that received plaintiffs will fail to prove such com- vulnerability of U.S. Servicemembers U.S. assistance or training, or misuse of U.S. plicity in an American court. Justice to foreign legal action while acting in military equipment by foreign forces. will have been served, and the Saudis an official capacity.’’ First, whether the United States or our will be vindicated after years of sus- That is the concern, that we lower Service members have in fact provided sup- picion. But if it is proven in an Amer- the protections that our people have port for terrorist acts or aided organizations ican court that the Saudi Government around the world. Remember, when we that later commit such acts in violation of was complicit in the attacks on 9/11, send our military out, they have to fol- foreign laws is irrelevant to whether we would be forced to defend against lawsuits by justice will have been served and we— low orders. They are implementing private litigants in foreign courts. Instead, not the Saudis—will have justification U.S. policy. They have no choice. If the mere allegation of their involvement to be very angry. they are called before a foreign court, could subject them to a foreign court’s juris- Mr. Speaker, this bill was carefully if they are required to give testimony diction and the accompanying litigation and negotiated over more than 6 years. It in a foreign court, even if they are not intrusive discovery process that goes along passed the House and Senate unani- the defendant, then they are jeopard- with defending against such lawsuits. This mously, and earlier today, the Senate ized, as is sensitive information from could result in significant consequences even voted 97–1 to override the President’s the United States. if the United States or our personnel were veto. All that stands in the way of jus- ultimately found not to be responsible for Mr. Speaker, so my point is that I the alleged acts. tice for the 9/11 victims and their fami- understand totally the sympathies for Second, there would be a risk of sizeable lies is a vote in this House. I urge my the victims as well as the desires many monetary damage awards in such cases, colleagues to stand with them and to people have to override this veto, but which could lead to efforts to attach U.S. override the veto. we also should keep in mind the longer Government property to satisfy those Mr. GOODLATTE. Mr. Speaker, I term consequences for our military awards. Given the broad range of U.S. activi- yield 3 minutes to the gentleman from who serve our Nation all around the ties and robust presence around the world, Texas (Mr. THORNBERRY), the chairman world. including our Department’s foreign bases and facilities abroad, we would have numer- of the Armed Services Committee. Mr. Speaker, I include in the RECORD ous assets vulnerable to such attempts. Mr. THORNBERRY. Mr. Speaker, I a letter from the Secretary of Defense first want to thank the gentleman Third, it is likely that litigants will seek and a letter from the Chairman of the sensitive government information in order to from Virginia for yielding, and, sec- Joint Chiefs of Staff on this issue. establish their case against either a foreign ondly, commend him for his work to SECRETARY OF DEFENSE, state under JASTA in U.S. courts or against try to tailor this measure in as narrow Washington, DC, September 26, 2016. the United States in a foreign court. This a way as possible. Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, could include classified intelligence data and I also want to commend the gen- Chairman, Committee on Armed Services, House analysis, as well as sensitive operational in- tleman from New York (Mr. KING) for of Representatives, Washington, DC. formation. While in the United States classi- his strong, persistent advocacy for the DEAR MR. CHAIRMAN: Thank you for your fied information could potentially be with- families of the victims of 9/11. All of us letter of September 23, 2016, regarding the held in certain narrow circumstances in civil lawsuits brought by private litigants against share in their grief. The country has President’s veto of S. 2040, the Justice Against Sponsors of Terrorism Act (JASTA). our allies and partners, no legislation spe- not gotten over that horrible incident, I support the President’s position. We appre- cifically protects classified information in and all of us have contempt for those ciate the opportunity to provide views on civil actions (unlike protections afforded in who carry out terrorist attacks and this important issue. criminal prosecutions) or under JASTA. Fur- those who support them. As I stated in my testimony before the thermore, if the United States were to be My concern for this legislation, how- Senate Armed Services Committee on Sep- sued in foreign courts, such information ever, is more related to the unintended tember 22, 2016, I agree with the intent of the would likely be sought by foreign plaintiffs, consequences that it may have because bill, which is to honor the families of 9/11 and it would be up to the foreign court one of the key protections that the victims. While we are sympathetic to the in- whether classified or sensitive U.S. Govern- tent of JASTA, its potential second- and ment information sought by the litigants military, diplomats, and intelligence third-order consequences could be dev- would be protected from disclosure. More- community of the United States has astating to the Department and its Service over, the classified information could well be around the world is this doctrine of members and could undermine our important vital for our defense against the accusations. sovereign immunity. Once that doc- counterterrorism efforts abroad. Disclosure could put the United States in the

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.037 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6027 difficult position of choosing between dis- ships between the United States and our al- JASTA does not make clear how the closing classified or otherwise sensitive in- lies and partners. evidence would be gathered to help formation or suffering adverse rulings and Sincerely, build a credible case against a foreign potentially large damage awards for our re- JOSEPH F. DUNFORD, JR. nation. fusal to do so. General, U.S. Marine Corps. Would the plaintiffs be able to sub- Relatedly, foreign lawsuits will divert re- Mr. CONYERS. Mr. Speaker, I yield 5 sources from mission crucial tasks; they poena foreign officials? Or would the could subject our Service members and civil- minutes to the gentleman from Vir- U.S. Department of State officials have ians, as well as contractor personnel, to ginia (Mr. SCOTT). Mr. SCOTT is a to testify? Would we be required to ex- depositions, subpoenas for trial testimony, former member of the Judiciary Com- pose sensitive materials in order to and other compulsory processes both here mittee. He is now the ranking member help American citizens prove their and abroad. Indeed, such personnel might be on the Education and the Workforce case? Again, how would we feel about held in civil or even criminal contempt if Committee. foreign judges and juries deciding they refused to appear or to divulge classi- Mr. SCOTT of Virginia. Mr. Speaker, whether or not the United States spon- fied or other sensitive information at the di- I thank the gentleman for yielding. sored terrorism? rection of a foreign court. Finally, allowing our partners and allies— Mr. Speaker, the terrorist attacks There are also questions about how not just designated state sponsors of ter- perpetrated against our Nation 15 years the judgment under JASTA would be rorism—to be subject to lawsuits inside the ago killed nearly 3,000 people. No one enforced. The legislation does not ad- United States will inevitably undermine the can fully fathom the grief still felt by dress how a court would enforce the trust and cooperation our forces need to ac- families to lose their loved ones in such judgment. complish their important missions. By dam- a horrific way. We understand the need Could foreign assets be attached? aging our close and effective cooperation to continue to seek justice against How would this process work if other with other countries, this could ultimately those who may have aided and abetted countries enacted similar legislation? have a chilling effect on our own counterter- the individuals that orchestrated these Would U.S. assets all over the world be rorism efforts. subject to attachment to satisfy the Please let me know if there is any addi- attacks. However, this legislation is tional information the Department can pro- not the right way to go about achiev- foreign jury verdicts? Mr. Speaker, there are many other vide. ing that justice. more responsible mechanisms that this Sincerely, JASTA abrogates a core principle in body could enact to hold foreign actors ASH CARTER. international law—foreign sovereign accountable for their involvement in immunity. There are already several CHAIRMAN OF THE international terrorism without expos- exceptions to this immunity recognized JOINT CHIEFS OF STAFF, ing the United States or our citizens to Washington, DC. by our Nation and others, but JASTA lawsuits all over the world. Hon. WILLIAM M. ‘‘MAC’’ THORNBERRY, goes much further than any present ex- We should do the responsible thing, Chairman, Committee on Armed Services, U.S. ception or recognized practice of any Mr. Speaker, and sustain the Presi- Senate Washington, DC. national law. Mr. Speaker, as the gen- dent’s veto of this legislation. DEAR MR. CHAIRMAN: Thank you for your tleman from Texas just suggested, one Mr. GOODLATTE. Mr. Speaker, I 23 September 2016 letter regarding the Presi- fundamental indication of fairness of dent’s veto of the Justice Against Sponsors yield myself 1 minute to respond to the of Terrorism Act. I have read Secretary legislation is not how it would work to gentleman from Texas and the gen- Carter’s response, and share his concerns on our benefit, but what we would think if tleman from Virginia. the potential second- and third-order con- it were used against us. First of all, with regard to some of sequences of such legislation. As you delib- If the United States decides to allow the examples given by the gentleman erate, I would ask that you consider the fol- our citizens to haul foreign nations from Texas, I want to make clear that lowing issues that affect the Joint Force. into American courts, what would we this is the Foreign Sovereign Immuni- Any legislation that risks reciprocal treat- think of other nations enacting legisla- ties Act that is being amended—foreign ment by foreign governments would increase sovereign, not individuals. So if an- the vulnerability of U.S. Service members to tion allowing their citizens to do the foreign legal action while acting in an offi- same thing to us? other country were to flip this and cial capacity. For example, U.S. Service Obviously, we would not want to put take action under their laws to do members, especially those supporting our diplomats, military, and private something in their courts, it would counterterrorism operations, could be sub- companies at that risk. only apply to governments, not to indi- jected to a foreign court’s jurisdiction if it is Consider our Nation’s actions in Iraq. viduals. alleged that they took actions that violated While there may be questions about So with regard to the assertions a foreign state’s law. Whether the allega- Saudi Arabia’s indirect involvement in made by the gentleman from Virginia, tions are ultimately proven to be without 9/11, there is no question about who the many countries have already done merit is not an adequate guide, as the serv- what we are proposing to do here ice members will have already been sub- state-sponsored actor was in 2003 when we bombed Baghdad and killed and in- today. The whole tort rule that is uti- jected to the foreign court’s litigation proc- lized in the United States which says, ess. jured hundreds of thousands of people In those cases where a foreign government with little or no evidence that Iraq was just as an example, if you provided a decides to exercise jurisdiction over a U.S. any immediate threat to the United bag of money to a terrorist in the Service member, the Service member could States or our allies. United States, you can sue that foreign be held in civil, or criminal, contempt should What would we think if Iraq enacted government in our country right now, they refuse to appear or otherwise comply legislation similar to JASTA, allowing in our courts right now. It would with the foreign court’s orders. This concern change so that if they provided the bag their citizens to sue the United States would extend to cases where the United of money in Paris, you could do it for acts perpetrated during the Iraqi States would be at risk of substantial mone- there. tary damages, which could lead to attempts war? Right now it is a loophole. Guess to seize U.S. military property overseas in American soldiers and contractors what? Any foreign government that order to satisfy any monetary awards. living and working in Iraq today could wants to sponsor terrorism in the If a U.S. Service member were to be sued in be hauled in to Iraqi court, tried by an a foreign court, it would be up to the foreign United States, what is the first thing court to decide whether classified or sen- Iraqi judge, held responsible by an they are going to do right now under sitive U.S. Government information would Iraqi jury that would assess the current law? be required as part of the litigation process. amount of money owed to each and They are going to make sure that the This could put the United States in the posi- every Iraqi citizen killed or maimed. money is transferred outside the tion of choosing between the disclosure of Furthermore, if they adopted similar United States so they are not subject classified or sensitive information, and sub- legislation to this, other nations could to the jurisdiction of U.S. courts. jecting a U.S. Service member to an adverse sue the United States and our citizens Customary international law does foreign court ruling. for sponsoring organizations they deem Finally, regardless of the specific legisla- not seem to require the entire tort lim- tion being considered, any legislation that as terrorist organizations. Unfortu- itation. effects the long-standing principles of sov- nately, these discussions are already The SPEAKER pro tempore (Mr. ereignty should carefully consider any risks taking place in capitals around the HULTGREN). The time of the gentleman to the close security cooperation relation- world because of this legislation. has expired.

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.010 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6028 CONGRESSIONAL RECORD — HOUSE September 28, 2016 Mr. GOODLATTE. Mr. Speaker, I resent a congressional district in New court against the parties directly and yield myself an additional 1 minute. Jersey that lost 81 people on 9/11. vicariously liable for the injuries that Mr. Speaker, Article 12 of the United Opposing views fear repercussions they suffer. Nations Convention on Jurisdictional against the United States if this legis- Now, I also take into consideration Immunities of States and Their Prop- lation becomes law, but the United the concerns of the administration, erties would apply the territorial tort States does not support, finance, or which deal with undermining sovereign exception if the act or omission oc- condone international terrorism. We immunity and opening up U.S. dip- curred in whole or in part in the terri- are the Nation that historically has lomats and military servicemembers to tory of the state exercising jurisdic- helped rid the world of evil, and we legal action overseas if foreign coun- tion. have nothing to fear from truth and tries pass reciprocal laws. In addition, Most nations that have codified the justice. Nations around the world the President has said that JASTA exception appear to require some act or should recognize the fundamental jus- would upset longstanding international omission in their territories, but it is tice in legal remedies against a ter- principles regarding sovereign immu- not clear that these nations have done rorist network that killed nearly 3,000 nity, putting in place rules that, if ap- so from a sense of international legal Americans. plied globally, could have serious im- obligation rather than from comity. It is our duty to provide the victims plications. Even if customary international law of 9/11 this legislative remedy by which However, 9/11 families may sue a were properly read to preclude a nation they can seek the facts, and the Fed- country designated as a state sponsor from applying the territorial tort ex- eral Government should be as trans- of terrorism, such as Iran today. The ception solely on the basis of death and parent as possible with the evidence only thing that this bill would allow is damage within its territory, the appli- and the intelligence. The still grieving that U.S. citizens be able to sue coun- cation of JASTA to the 9/11 cases, as an families of 9/11 deserve their day in tries without that designation. example, would still not violate inter- court—they have waited long enough— Let me suggest to our friends that, under the facts that we know, 19 of national law since the 9/11 attacks and this narrowly tailored legislation these attackers on 9/11 were Saudi citi- clearly involved tortious acts in the will give them recourse for full justice zens. They did not represent the gov- United States. and compensation. ernment. This is not giving permission JASTA requires that the physical Mr. Speaker, any override of a Presi- to sue the government under its gov- harm occur in the United States. But dential veto is a serious and sober mat- ernment actions as much as it is to to have an exception that says that if ter. I do not advocate an override light- recognize that these were citizens who people aid and abet from outside the ly. I deeply respect the Office of the operated outside of that realm and to United States, their government—the President of the United States. This allow these citizens of the United government—aids and abets from out- President has never been overridden by States to have relief. You cannot deny side the United States, that govern- the Congress. I believe, however, that the citizenship of these individuals. I ment can evade the courts of the an override is the better public policy in this momentous situation. would also suggest that these individ- United States. That is wrong. uals are common criminals, and why The SPEAKER pro tempore. The Mr. CONYERS. Mr. Speaker, I yield 4 minutes to the distinguished gentle- should individuals who have been time of the gentleman has again ex- harmed be prevented from addressing pired. woman from Texas (Ms. JACKSON LEE), who serves both on the Homeland Secu- the common criminality because they Mr. GOODLATTE. Mr. Speaker, I are from a different country? rity Committee and Judiciary Com- yield myself an additional 30 seconds to I would make the argument that we mittee with great skill. point out one additional thing. Under are not finished with this at this point. Ms. JACKSON LEE. Mr. Speaker, I JASTA, the President or his represent- I hope there will be further discussions. thank the ranking member. ative, the Secretary of State, can ap- I do believe that if countries decided to I think it is important to state on pear in the court where a lawsuit is take up and sue legitimate actions of the floor of the House that President brought and delay the proceedings for a the United States in defense of their Obama has been an outstanding Com- period of time, but not forever. nation, they would have the full power mander in Chief. Then, if that time expires and what- and force of law of the United States to I have served on the Judiciary Com- ever effort the United States has made be defended. I don’t believe that will mittee proudly for the tenure I have to resolve this with a foreign govern- happen. ment does not change the cir- had in the United States Congress and I do believe that we should continue cumstances, they can still go back to on the Homeland Security Committee further discussion on this very impor- the court and they can ask the court to since the tragedy of 9/11. I am com- tant topic. But as well, having been a delay further. But then it is up to the mitted to engaging in efforts to de- senior member, again, on the Home- court to make that decision. velop policies that anticipate and re- land Security Committee during the Again, I urge my colleagues to over- spond to new and emerging challenges many meetings that we had with the 9/ ride the President’s veto. to the security of our Nation and to the 11 families and ultimately passing the Mr. Speaker, I yield 2 minutes to the peace and safety of the world. 9/11 legislation as I chaired the Trans- gentleman from New Jersey (Mr. However, I will never forget Sep- portation Security Subcommittee, I LANCE). tember 11. 2,977 men, women, and chil- believe that listening over and over dren were murdered by 19 hijackers b 1415 again to the devastation and the need who took commercial aircraft and used to ensure there are laws to protect this Mr. LANCE. Mr. Speaker, I rise them as missiles. I stood on the front Nation, that this measure provides the today in strong support of overriding steps of the Capitol and sang with extra opportunity to address the com- the President’s veto of the Justice Members of this Congress ‘‘God Bless mon criminality of individuals whose Against Sponsors of Terrorism Act. America.’’ I visited the World Trade citizenship lies in one place or another. This is our constitutional preroga- Center in the months and weeks after We should stand, however, in pro- tive. We in Congress can override the this heinous tragedy and grieved con- tecting U.S. diplomats, military serv- veto of a President, and in this case a tinuously each year as we commemo- ice, and intelligence community mem- strong bipartisan majority disagrees rate, sadly, 9/11. bers, and I believe this country has the with the President. Earlier today, the 9/11 will always be remembered, and power to do so. I believe, at this point, Senate of the United States voted 97–1 the loss of these families will always be the matter of the 9/11 families should in favor of an override. painful and piercing. Just recently, the be addressed, and we should address it It is right and just that the victims Judiciary Committee had a hearing on today. of the horrific terrorist attacks of Sep- the bill the Justice Against Sponsors of Mr. GOODLATTE. Mr. Speaker, I tember 11, 2001, be able to pursue full Terrorism Act. The supporters of the yield 2 minutes to the gentleman from justice in our courts of law. I am a law- bill offered powerful and compelling New York (Mr. DONOVAN). yer, and I have worked with constitu- testimony in favor of ensuring that 9/11 Mr. DONOVAN. Mr. Speaker, I thank tional and statutory issues. I also rep- families have access to their day in Chairman GOODLATTE for yielding.

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.038 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6029 Foreign threats should never dictate firmed that civil litigation against ter- have thwarted the full accountability American policy, but that is, unfortu- ror sponsors, including foreign govern- Americans expect and deserve. nately, what happened with President ments, can have an important deter- JASTA corrects that. Obama’s veto of this legislation. rent effect. The victims of 9/11 and their grieving That a foreign government can hide The attacks of 9/11 were roundly con- families deserve what JASTA empow- behind sovereign immunity after demned by people and governments ers: a judicial process to discover the slaughtering Americans in our own around the world. So this bill is needed unfettered and ugly truth that, to this homeland is an outrage, so it is no not just by the families of those who day, remains cloaked, concealed, and wonder that this bill was passed by died in New York and at the Pentagon covered up. JASTA provides a way to Congress unanimously. Terror victims and in Pennsylvania; it is needed to hold perpetrators and enablers of ter- can already sue individuals for com- send a message to people all around the rorism to account. plicity in an attack. A foreign govern- world, a message that the long arm of Anyone who has read the recently de- ment shouldn’t be immune from justice American justice will not be deterred, classified 28 pages of findings from the simply because it is a government. will never tire, and will never falter. House-Senate Intelligence Committee’s For those of my colleagues who may As we have done in the past, we will joint inquiry in 2002, despite the heavy be reluctant about voting for an over- pursue the perpetrators of such savage redactions, knows the provocative evi- ride of this veto, I think Chairman acts of inhumanity, as we saw on 9/11, dence of Saudi complicity in 9/11, and GOODLATTE’s explanation of the bill to their very graves. There is no loop- that remains unexamined. The 28 pages should give them peace. There are al- hole and there will be no escape. are filled with names and suspected as- ready nine exemptions to the sovereign Yes, it may be true that there are sociations with the Government of immunity law, and JASTA will not risks in passing a bill like this that Saudi Arabia. create a tenth. It modifies one of those may have some unintended con- Mr. Speaker, I have worked with and nine. sequences, but compare that to the befriended many of the 9/11 surviving JASTA is about 9/11 victims who risks of doing nothing and the risks family members—many who died on 9/ have waited more than 15 years to have that are very real that are all too 11 were from my district—and I can their day in court. It is about the fami- present. state unequivocally that there would lies of over 300 people killed that day I urge my colleagues to not forget have been no 9/11 Commission and who lived in my congressional district. and to overturn the President’s veto. It other historic policy initiatives with- It is about my friend, Lori Mascali, is in America’s interest, and it is a de- out the 9/11 family members. They have whose husband, firefighter Joseph terrent to future crimes. been extraordinary, tenacious, com- Mascali, died that day saving other Mr. GOODLATTE. Mr. Speaker, I mitted, and courageous. people’s lives. yield 3 minutes to the gentleman from On September 20, many family mem- I urge my colleagues to put American New Jersey (Mr. SMITH). bers gathered outside the White House victims of terror first by voting to Mr. SMITH of New Jersey. Mr. to appeal to the President to sign override the President’s veto. Speaker, I want to thank my good JASTA. Two of the remarkable widows Mr. CONYERS. Mr. Speaker, I yield friend, Mr. GOODLATTE, for yielding; from New Jersey, Lorie and Mindy, 21⁄2 minutes to the gentlewoman from and I want to thank Mr. GOODLATTE carried this sign to my left, your right, New York (Mrs. CAROLYN B. MALONEY). with a picture of President Obama and Mrs. CAROLYN B. MALONEY of New and Mr. KING for their extraordinary leadership on this bill. Saudi King Salman from the front page York. Mr. Speaker, I thank Mr. CON- Mr. Speaker, with all due respect to of the New York Daily News. YERS for yielding. Mr. Speaker, I rise to express my the President of the United States, the b 1430 support for overriding the President’s central argument in this veto message The headline read: ‘‘Don’t choose veto of the Justice Against Sponsors of accompanying the Justice Against them over us’’—the U.S., the United Terrorism Act. Sponsors of Terrorism Act, reciprocity States. I understand and give weight to the is weak, unsupported, and egregiously The President chose the king, and he President’s concerns, but I believe that flawed. vetoed the bill. We can correct that this bill is focused on and applies to The White House drafters of the veto today. Vote to override. only those attacks that are committed message either didn’t read the care- Mr. CONYERS. Mr. Speaker, I yield on U.S. soil that harm U.S. nationals. fully crafted bipartisan bill or are myself such time as I may consume. The attacks of 9/11 were singular acts seeking to conflate the plain legisla- There is no doubt that there is so of appalling cruelty. They were tar- tive text since JASTA only permits ac- much passion involved in this with the geted knowingly and specifically at ci- cess to U.S. courts by waiving immu- bill’s supporters; but, as legislators, I vilian noncombatants. They were bar- nity from foreign governments, not for- would like to urge that one carefully baric crimes that violated all norms of eign government officials or employ- and thoughtfully consider the long- civilized conduct and all of the inter- ees, and corrects conflicting case law, term interests of our country. national conventions of armed conflict. except in the cases where someone For the foregoing reasons, I am Though the hijackers of those planes knowingly aids, abets, or conspires pleased to indicate that the scholars died that day, it is virtually indis- with a State Department-designated and others who will be voting to sus- putable that there are people who con- foreign terrorist organization. tain the President’s veto are Michael spired with them in the planning, prep- Thus, the President is wrong to as- Mukasey, the former Attorney General aration, execution, and financing of sert that, under the hallowed principle under George W. Bush; Stephen Hadley, those horrific acts who walk the of reciprocity, U.S. officials and mili- the former National Security Adviser streets freely in foreign capitals today. tary personnel could be subjected to for that President; Richard Clarke, the They walk comfortably, securely, lawsuits. It is worth noting that noth- former White House counterterrorism smugly, believing that because of a pe- ing precludes that now or ever, but as adviser for Bill Clinton and George W. culiar interpretation of international an argument for veto, it simply doesn’t Bush; and Thomas Pickering, the law, they are safe from the long arm of pass muster. former United States Ambassador to justice, immune to any consequences. While sovereign immunity has its the United Nations. They all agree that JASTA, as it is called, is needed to place in the conduct of responsible di- we must be considerate of the long- correct some shortcomings in previous plomacy, it is not absolute, as even the term interests of our own country. legislation and lower court decisions. 1976 Foreign Sovereign Immunities Act For the foregoing reasons and those The bill is needed to make it possible contains nine exceptions. stated by the national security experts, for the survivors and for the families of In 2008, Mr. Speaker, as you know, the international law scholars, and the the victims of savage acts of inter- the U.S. Court of Appeals for the Sec- President of the United States, I find national terrorism to seek a measure ond Circuit dismissed legal action that I must vote to sustain the Presi- of justice through the civil courts. against Saudi Arabia and other defend- dent’s veto. This bill is needed because both Con- ants, holding U.S. courts lacked juris- Mr. Speaker, I yield back the balance gress and the executive branch have af- diction. Other actions by the courts of my time.

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.039 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6030 CONGRESSIONAL RECORD — HOUSE September 28, 2016 Mr. GOODLATTE. Mr. Speaker, I ciprocal treatment by foreign governments uted to an act of terrorism in the United urge my colleagues to override the would increase the vulnerability of U.S. service States. This would begin an erosion of the President’s veto. It is the right thing members to foreign legal action while acting in principle of sovereign immunity for every na- to do. Justice is the right thing—to let an official capacity,’’ and that any court pro- tion, including U.S. allies, and expose their American citizens have access to their ceedings could ‘‘put the United States in the government and personnel to lawsuits in U.S. courts for torts for terrorist attacks position of choosing between the disclosure of courts. that occur on American soil. This bill classified or sensitive information, and sub- The reciprocal effect that this erosion of is a modest amendment to already ex- jecting a U.S. service member to an adverse sovereign immunity could have on U.S. per- isting exemptions to the Foreign Sov- foreign court ruling.’’ Today, CIA Director sonnel overseas, including our men and ereign Immunities Act. It is the right Brennan added his concerns, that he believes women in uniform, is deeply concerning. Were thing to do. I urge my colleagues to this action ‘‘will have grave implications for the S. 2040 to become law, it would set an inter- join me in overriding the President’s national security of the United States. The national precedent for other nations to follow. veto. most damaging consequence would be for U.S. personnel serving in foreign countries Mr. Speaker, I yield back the balance those U.S. Government officials who dutifully could be subjected to civil and criminal law- of my time. work overseas on behalf of our country.’’ suits in foreign courts, putting them at risk and Mr. JOLLY. Mr. Speaker, I rise today to These concerns are affirmed by many na- potentially exposing sensitive national security share my concerns with S. 2040, the Justice tional security experts who penned an open information in the process. These are the peo- Against Sponsors of Terrorism Act, or JASTA. letter asking for the veto to be upheld. The let- ple we depend upon in our fight against ter- The President, the Secretary of Defense, the ter was signed by many prominent former rorist organizations like ISIL, and we must en- Chairman of the Joint Chiefs of Staff, the CIA members of the executive branch, including sure that proper legal safeguards are in place Director, and the Chairman of the House Stephen Hadley, Richard Clarke, and Thomas to protect them. Armed Services Committee have all issued Pickering. As a Member of Congress, it is my duty to statements against this legislation, and after Nothing can heal the wounds of the sur- ensure that our service members and diplo- having spoken with local veterans in Pinellas viving families of September 11, 2001. Nothing matic personnel overseas are afforded the County who have retired from the armed serv- can heal the wounds of a nation whose heart proper legal protections that allow them to do ices, I have come to the decision to support breaks for those innocent lives lost at the their jobs and protect this nation. S. 2040 un- the President’s veto. hands of our enemies. We can honor their leg- fortunately fails to ensure these protections ‘Terrorism’ at the hands of a foreign govern- acies by making the world more secure—by and subsequently I will vote to sustain Presi- ment is simply another term for an act of war, exerting our national security leadership, our dent Obama’s veto. and we should respond to these acts with military force, around the globe to contain the I am attaching an editorial from the New every ounce of resolve our nation can muster. threat of terror. I believe JASTA would ulti- York Times on this issue. We have done so for generations, relying on mately undermine our ability to secure free- military, diplomatic and political leadership to [Sept. 28, 2016] dom and to secure our homeland. THE RISKS OF SUING THE SAUDIS FOR 9/11 respond appropriately and deploy our men We will never forget the tragedy and loss of and women in uniform to defeat our enemies. The Senate and the House are expected to that day. We will never forget the heartbreak. vote this week on whether to override Presi- Countless men and women have sacrificed And let us never weaken our resolve to defeat their last full measure for the cause of our dent Obama’s veto of a bill that would allow the forces of terror, so that we may ensure families of the victims of the Sept. 11 at- freedom and security. that we as a nation, and our brothers and sis- tacks to sue Saudi Arabia for any role it had But we don’t litigate acts of war in civil ters who suffered such loss, never face such in the terrorist operations. The lawmakers courtrooms. We litigate them on battlefields, a tragedy again. should let the veto stand. with valor and with overwhelming force. The legislation, called the Justice Against Ms. MCCOLLUM. Mr. Speaker, I rise to up- By authorizing courtroom litigation of acts of Sponsors of Terrorism Act, would expand an hold President Obama’s veto of the Justice war, we empower other nations to do the exception to sovereign immunity, the legal same. And we imperil the security of our mili- Against Sponsors of Terrorism Act (S. 2040). principle that protects foreign countries and All Americans were deeply affected by the tary and diplomatic personnel, as well as our their diplomats from lawsuits in the Amer- assets in regions around the globe. terrorist attacks on September 11, 2001, none ican legal system. While the aim—to give Consider the number of times our nation in- more so than the families who lost loved ones the families their day in court—is compas- tervenes for the cause of freedom and security on that terrible day. President Obama has sionate, the bill complicates the United been unyielding in his pursuit of those who States’ relationship with Saudi Arabia and around the globe. Now consider if our per- could expose the American government, citi- sonnel and assets on the ground were subject perpetrated the attacks. Since day one of his Administration, President Obama has made zens and corporations to lawsuits abroad. to civil liability in those nations. It com- Moreover, legal experts like Stephen promises our mission, and it compromises the the destruction of Al-Qaeda a top national se- Vladeck of the University of Texas School of security of our men and women in uniform and curity priority. He has delivered on this prom- Law and Jack Goldsmith of Harvard Law those in our diplomatic corps. ise, systematically devastating Al-Qaeda’s School doubt that the legislation would ac- Mr. Speaker, when the President vetoed this leadership and killing Osama bin Laden. tually achieve its goal. legislation, he stated that the United States al- I am profoundly sympathetic to the families Co-sponsored by Senator Chuck Schumer, ready has means to act against nations who of victims who were lost on September 11, Democrat of New York, and Senator John Cornyn, Republican of Texas, the measure is would wish to commit acts of terrorism against 2001 and while I understand the intent behind S. 2040, I remain concerned that this legisla- intended to overcome a series of court rul- the United States by designating them as ings that have blocked all lawsuits filed by State Sponsors of Terrorism. When this des- tion would be damaging to our national secu- the 9/11 families against the Saudi govern- ignation is made, all sovereign immunity pro- rity. Not only would it not prevent future ter- ment. The Senate passed the bill unani- tections for individuals are removed, sub- rorist attacks against the United States, it mously in May, and the House gave its ap- jecting the violating country to a multitude of would expose U.S. personnel serving over- proval this month. sanctions. seas to lawsuits in the civil and criminal courts The legislation would, among other things, Likewise, on Monday Defense Secretary of foreign countries. For these reasons, I vote amend a 1976 law that grants other countries Ash Carter sent a letter to the Chairman of the to uphold President Obama’s veto of S. 2040. broad immunity from American lawsuits— The United States government has an array unless the country is on the State Depart- House Armed Services Committee stating ment’s list of state sponsors of terrorism that, while he ‘‘agrees with the intent of the of legal tools that it uses to deal with nations (Iran, Sudan and Syria) or is alleged to have bill, which is to honor 9/11 victims,’’ the poten- that sponsor terrorism. This includes listing the committed a terrorist attack that killed tial second- and third-order consequences of offending nation as a state sponsor of ter- Americans on United States soil. The new the legislation ‘‘could be devastating to the rorism, imposing sanctions, and the forfeiture bill would clarify that foreign governments Department and its service members.’’ Sec- of that nation’s right to sovereign immunity in can be held liable for aiding terrorist groups, retary Carter shared concerns that other na- U.S. courts. However, these measures are in- even if that conduct occurred overseas. tions might enact reciprocal policies, threat- tended as an extreme consequence for na- Advocates say the measure is narrowly drawn, but administration officials argue ening the sovereign immunity of our service tions that act outside of international norms. S. that it would apply much more broadly and members based on justifications that are far 2040 would allow terrorism related lawsuits in result in retaliatory actions by other na- less stringent. U.S. courts against any nation, not only those tions. The European Union has warned that The Chairman of the Joint Chiefs of Staff designated as a sponsor of terrorism by our if the bill becomes law, other countries could also stated that ‘‘any legislation that risks re- government, which is alleged to have contrib- adopt similar legislation defining their own

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.041 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE September 28, 2016 CONGRESSIONAL RECORD — HOUSE H6031 exemptions to sovereign immunity. Because have the chance, I urge my House colleagues The years that have passed since that day no country is more engaged in the world to listen to our experts who have given us have not dimmed my memory or diminished than the United States—with military bases, many warnings about the implications of this my resolve to see an end to terrorism not only drone operations, intelligence missions and legislation. in the United States, but around the world. training programs—the Obama administra- Mr. BLUMENAUER. Mr. Speaker, I fully As a Member of Congress and a senior tion fears that Americans could be subject to legal actions abroad. sympathize with the families of 9/11 victims Member of the Committees on Homeland Se- The legislation is motivated by a belief and understand their desire to hold people ac- curity and the Judiciary, both of which deal among the 9/11 families that Saudi Arabia countable for that horrific, senseless, cruel at- with national security issues, I have long been played a role in the attacks, because 15 of tack. committed and engaged in efforts to develop the 19 hijackers, who were members of Al This sympathy, understandably, prompted policies that anticipate and respond to new Qaeda, were Saudis. But the independent many of my colleagues to approve S. 2040 and emerging challenges to the security of our American commission that investigated the when it was first before Congress. Yet, I am nation and the peace and safety of the world. attacks found no evidence that the Saudi convinced that the Presidential veto of this I will never forget September 11, 2001 when government or senior Saudi officials fi- legislation should be upheld. Everyone should 2,977 men, women and children were mur- nanced the terrorists. Proponents of the legislation cite two as- read his veto message on S. 2040 to under- dered by 19 hijackers who took commercial sassination cases in which legal claims were stand the complications and the risks. aircraft and used them as missiles. allowed against Chile and Taiwan. Adminis- We already have a mechanism to deal with I stood on the East Front steps of the Cap- tration officials, however, say that those state-sponsored terrorism—a mechanism to itol on September 11, 2001, along with 150 cases alleged the direct involvement of for- pursue it. When it is designated, we have very members of the House of Representatives and eign government agents operating in the strong sanctions that we can employ. sang ‘‘God Bless America.’’ United States. The purpose of such a mechanism is to en- I visited the site of the World Trade Center The current debate is complicated by the sure those sanctions and other steps are Towers in the aftermath of the attacks and fact that Saudi Arabia is a difficult ally, at brought to bear only after there has been a grieved over the deaths of so many of our odds with the United States over the Iran careful review that establishes state-spon- men, women, and children. nuclear deal, a Saudi-led war in Yemen and the war in Syria. It is home of the fundamen- sored terrorism. In the case of this legislation, I want to thank and commend the work of talist strand of Islam known as Wahhabism, the authority is transferred, not just to the at- our first responder community on that day and which has inspired many of the extremists torneys of the 9/11 families, but to any indi- every day since September 11 for their efforts the United States is trying to defeat. But it vidual who wants to file a lawsuit. This opens to protect their communities and our nation is also a partner in combating terrorism. The the United States up to a wide range of reper- from acts of terrorism. legislation could damage this fraught rela- cussions that could have negative con- Mr. Speaker, September 11, 2001 will al- tionship. Riyadh has already threatened to sequences for Americans. ways be remembered as a day of tragedy and withdraw billions of dollars in American- Not only would it potentially compromise our heroism, heartbreak and courage, and shared based assets to protect them from court ac- security efforts and our diplomatic relation- loss. tion. But the loss remains especially painful to The desire to assist the Sept. 11 families is ships, but it also invites retaliation by other understandable, and the bill is expected to countries. Millions of Americans travel over- those whose loved ones died or were injured become law. The question is, at what cost? seas every year and hundreds of thousands of by the criminal acts of terrorists on that fateful Ms. EDDIE BERNICE JOHNSON of Texas. Americans work overseas including soldiers day. On numerous occasions in the months and Mr. Speaker, I would like to express my oppo- and diplomats, all of whom could now be sub- years after September 11, I met with family sition to the veto override vote that occurred jected to harsher activities by other govern- members of 9/11 victims and witnessed their earlier today in the U.S. Senate on S. 2040, ments without the due process afforded by the devotion to our nation and empathized with the Justice Against Sponsors of Terrorism Act, United States government. It’s not just that we their pain, loss, hurt, and desire to obtain jus- and that will take place shortly in the U.S. could have foreign action against American tice for their loved ones. House. While 9/11 will continue to haunt assets, but foreign action against Americans. I think the President’s veto decision is wise, Mr. Speaker, in 2007, after many years of Americans and loved ones will always mourn and I support it. tireless struggle, Congress passed H.R. 1, the those lost during the terrorist attacks on that Ms. JACKSON LEE. Mr. Speaker, the landmark ‘‘Implementing 9/11 Commission day, this legislation is not the solution. I am House now has before it the President’s Veto Recommendations Act of 2007,’’ the first bill deeply concerned for the future implications of Message accompanying S. 2040, the ‘‘Justice passed by the Democratic-led 110th Congress this measure. Against Sponsors of Terrorism Act,’’ which after regaining the majority. As a member of JASTA would allow U.S. nationals to sue would authorize private litigation against for- the Homeland Security Committee, I worked foreign governments in federal court even if eign governments in the federal courts of the very hard in getting this bill passed. that country is not on the Department of United States based on allegations that such H.R. 1 was signed into law on August 3, State’s list of state sponsors of terrorism. Law- foreign governments’ actions abroad made 2007 and implemented the 33 recommenda- suits must involve death, injury, or property them responsible for terrorism-related injuries tions of the 9/11 Commission, a body com- damage and must be caused by an act of sustained on U.S. soil. prised of ten of the most distinguished citizens international terrorism in the U.S. The bill also I have stated on numerous times that I be- in this country. Many of the families fought allows civil claims to be brought against for- lieve that President Barack Obama is one of hard for this bill. eign states or officials that are state sponsors the best and most consequential presidents in As a senior member of the Homeland Secu- of terrorism if their conduct contributes to an American history; his stewardship of American rity, and Chair of its Transportation Security attack that kills an American outside of the foreign and national security has kept our na- Subcommittee, I worked closely with my col- United States. tion safe and restored its reputation as the leagues across the aisle and in the Senate to This legislation would not protect Americans most respected nation in the world. strengthen the provisions in H.R. 1 designed from future attacks nor would it improve na- President Obama has been an outstanding to improve transportation security planning, in- tional security. This bill would remove recip- Commander-in-Chief exhibiting exceptional formation sharing, and to prevent terrorist from rocal agreements that now protect not only judgment, judgment marked by vision and pur- travelling to our country. other allies, but also the U.S., from such law- poseful, conduct that has been steady and re- After passage of H.R. 1, several 9/11 fami- suits in other countries. The long-term impact strained. lies brought suit if U.S. courts seeking relief on our country’s national security is at stake. Mr. Speaker, I take seriously the decision for injuries alleged to have been caused by This bill would place not only our close secu- whether to override a presidential veto, par- perpetrators of the and rity cooperation relationships at risk, but also ticularly one relating to national security and allegedly sponsored by certain nation-states. U.S. service members abroad. foreign policy but, as it is a duty imposed on Each of their law suits were dismissed by Families are looking for accountability in the the Congress by the Constitution, I do not the courts for lack of subject-matter jurisdiction ability to sue foreign governments, specifically shrink from the responsibility. since under current law such actions were Saudi Arabia. I have deep sympathy for these I have not voted to override a veto during barred by the doctrine of sovereign immunity families who have suffered so much. However, his tenure. except those brought against nation-states list- I do not believe that this is the most viable Mr. Speaker, seventeen days ago, we ob- ed by the U.S. Department of State as ‘‘state path to justice. This bill could unfortunately served the 15th anniversary of the day our na- sponsors of terrorism.’’ backfire and cause more concern to the tion faced the greatest loss of life on U.S. soil This is what led to the introduction of the counterterrorism community. While we still from a terrorist attack. ‘‘Justice Against Sponsors of Terrorism Act,’’

VerDate Sep 11 2014 07:44 Sep 29, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.017 H28SEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H6032 CONGRESSIONAL RECORD — HOUSE September 28, 2016 which would allow private litigation against for- The vote was taken by electronic de- Roe (TN) Sewell (AL) Vela´ zquez vice, and there were—yeas 348, nays 77, Rogers (AL) Shimkus Wagner eign governments in U.S. courts based on al- Rogers (KY) Shuster Walberg legations that such foreign governments’ ac- answered ‘‘present’’ 1, not voting 5, as Rohrabacher Simpson Walden tions abroad made them responsible for ter- follows: Rokita Sinema Walker rorism-related injuries on U.S. soil. Rooney (FL) Sires Walorski [Roll No. 564] Ros-Lehtinen Slaughter Thus, the ‘‘Justice Against Sponsors of Ter- Walters, Mimi YEAS—348 Roskam Smith (MO) Walz rorism Act,’’ amends the Foreign Sovereign Ross Smith (NE) Wasserman Abraham Duncan (TN) Latta Rothfus Smith (NJ) Immunities Act of 1976 to create a limited new Adams Ellmers (NC) Lawrence Schultz Rouzer Smith (TX) Watson Coleman exception to the Act’s general grant of foreign Aderholt Emmer (MN) Levin Roybal-Allard Stefanik Weber (TX) sovereign immunity. Aguilar Engel Lieu, Ted Royce Stivers Webster (FL) Allen Eshoo Lipinski Ruiz Stutzman Mr. Speaker, this past July the Judiciary Wenstrup Amash Esty LoBiondo Russell Swalwell (CA) Committee, upon which I sit, held a hearing on Westerman Amodei Farenthold Loebsack Ryan (OH) Thompson (MS) S. 2040, the ‘‘Justice Against Sponsors of Ter- Ashford Fincher Lofgren Salmon Thompson (PA) Westmoreland rorism Act,’’ at which the bill’s supporters of- Babin Fitzpatrick Long Sa´ nchez, Linda Tiberi Williams fered powerful and compelling testimony in Barletta Fleischmann Loudermilk T. Tipton Wilson (SC) Barr Fleming Love Sanford Titus Wittman favor of insuring that 9/11 families have ac- Barton Flores Lowenthal Sarbanes Tonko Womack cess to their day in U.S. courts against the Beatty Forbes Lowey Scalise Torres Woodall parties directly and vicariously liable for the in- Becerra Fortenberry Lucas Schrader Trott Yoder Bera Foster Luetkemeyer juries they suffered. Schweikert Tsongas Yoho Bilirakis Foxx Lujan Grisham Scott, Austin Upton Young (IA) As the Ranking Member of the Judiciary Bishop (GA) Franks (AZ) (NM) Scott, David Valadao Young (IN) Subcommittee on Crime, Terrorism, Homeland Bishop (MI) Frelinghuysen Luja´ n, Ben Ray Sensenbrenner Van Hollen Zeldin Security, and Investigation, I am committed to Bishop (UT) Fudge (NM) Serrano Vela Zinke Blackburn Gabbard Lummis doing all that I can to ensure that they receive Blum Gallego Lynch NAYS—77 Bost their day in court. Garrett MacArthur Bass Grayson Perlmutter Boustany Gibbs Maloney, I am sensitive, however, to the concerns Benishek Grijalva Quigley Boyle, Brendan Gibson Carolyn Beyer Grothman Ribble raised by the Administration regarding unin- F. Gohmert Maloney, Sean Blumenauer Hartzler Richmond tended consequences that may result if the bill Brady (PA) Goodlatte Marchant Bonamici Heck (WA) Brady (TX) Ruppersberger is passed in its current form. Gosar Marino Buck Hinojosa Brat Schakowsky In particular, the Administration, allied na- Gowdy Massie Capps Issa Bridenstine Schiff Graham McCarthy Carson (IN) Johnson (GA) tions, and others point out that enactment of Brooks (AL) Scott (VA) Granger McCaul Chaffetz Johnson, E. B. Brooks (IN) Sessions S. 2040 in its current form may lead to retalia- Graves (GA) McClintock Clay Jolly Brown (FL) Sherman tion by other countries against the United Graves (LA) McHenry Clyburn Kaptur Brownley (CA) Smith (WA) Graves (MO) McKinley Cohen Kelly (IL) States. Buchanan Speier Green, Al McMorris Conaway Kind Additionally, the Administration raises the le- Bucshon Stewart Green, Gene Rodgers Conyers King (IA) Burgess Takano gitimate concern that if enacted in its current Griffith McNerney Cooper Kline Bustos form, S. 2040 may hamper cooperation from Guinta McSally Cummings Larsen (WA) Thompson (CA) Butterfield Guthrie Meadows Davis (CA) Lee Thornberry other nations because they may becqme more Byrne ´ Gutierrez Meehan Davis, Danny Lewis Turner reluctant to share sensitive intelligence out of Calvert Hahn Meeks DeGette Matsui Vargas Capuano fear that such information may be disclosed in Hanna Meng DeSaulnier McCollum Veasey Ca´ rdenas litigation. Hardy Messer DesJarlais McDermott Visclosky Carney Harper Mica Edwards McGovern Waters, Maxine I am hopeful, however, that after this vote, Carter (GA) Harris Miller (FL) Ellison Moore Welch Carter (TX) these legitimate concerns can be addressed Hastings Miller (MI) Farr Moulton Wilson (FL) Cartwright and resolved no matter the outcome and I Heck (NV) Moolenaar Frankel (FL) Nunes Yarmuth Castro (TX) Hensarling Mooney (WV) Garamendi O’Rourke Young (AK) look forward to continuing to work with the Ad- Chabot Herrera Beutler Mullin ministration, the bill’s sponsors and sup- Chu, Judy Hice, Jody B. Mulvaney ANSWERED ‘‘PRESENT’’—1 Cicilline Higgins Murphy (FL) porters, and representatives of the 9/11 fami- Castor (FL) lies to ensure that the 9/11 victims receive jus- Clark (MA) Hill Murphy (PA) Clarke (NY) Himes Nadler NOT VOTING—5 tice without substantial harm to our national Clawson (FL) Holding Napolitano security interests. Cleaver Honda Neal Black Poe (TX) Sanchez, Loretta Mr. Speaker, for these reasons, I will vote to Coffman Hoyer Neugebauer Kirkpatrick Rush Cole Hudson Newhouse override the President’s veto of S. 2040. Collins (GA) Huelskamp Noem b 1501 I thank the House and Senate sponsors of Collins (NY) Huffman Nolan Messrs. RICHMOND, DESJARLAIS, this important legislation, my colleagues Con- Comstock Huizenga (MI) Norcross CARSON of Indiana, GROTHMAN, and gressmen PETER KING and JERROLD NADLER of Connolly Hultgren Nugent Cook Hunter Olson Ms. WILSON of Florida changed their New York, and Senators JOHN CORNYN of Costa Hurd (TX) Palazzo vote from ‘‘yea’’ to ‘‘nay.’’ Texas and CHARLES SCHUMER of New York, Costello (PA) Hurt (VA) Pallone Messrs. COURTNEY, MCNERNEY, for their tireless efforts on behalf of fairness Courtney Israel Palmer Mrs. LAWRENCE, Messrs. JODY B. and justice for the 9/11 families. Cramer Jackson Lee Pascrell Crawford Jeffries Paulsen The SPEAKER pro tempore. Without HICE of Georgia, HIGGINS, and Crenshaw Jenkins (KS) Payne KELLY of Mississippi changed their objection, the previous question is or- Crowley Jenkins (WV) Pearce dered. Cuellar Johnson (OH) Pelosi vote from ‘‘nay’’ to ‘‘yea.’’ There was no objection. Culberson Johnson, Sam Perry So, two-thirds having voted in favor Curbelo (FL) Jones Peters thereof, the bill was passed, the objec- The SPEAKER pro tempore. The Davidson Jordan Peterson question is, Will the House, on recon- Davis, Rodney Joyce Pingree tions of the President to the contrary sideration, pass the bill, the objections DeFazio Katko Pittenger notwithstanding. of the President to the contrary not- Delaney Keating Pitts The result of the vote was announced DeLauro Kelly (MS) Pocan as above recorded. withstanding? DelBene Kelly (PA) Poliquin Under the Constitution, the vote Denham Kennedy Polis The SPEAKER pro tempore. The must be by the yeas and nays. Dent Kildee Pompeo Clerk will notify the Senate of the ac- DeSantis Kilmer Posey tion of the House. Pursuant to clause 8 of rule XX, this Deutch King (NY) Price (NC) 15-minute vote on passing S. 2040, the Diaz-Balart Kinzinger (IL) Price, Tom f objections of the President to the con- Dingell Knight Rangel trary notwithstanding, will be followed Doggett Kuster Ratcliffe ANNOUNCEMENT BY THE SPEAKER Dold Labrador Reed PRO TEMPORE by 5-minute votes on ordering the pre- Donovan LaHood Reichert vious question on House Resolution Doyle, Michael LaMalfa Renacci The SPEAKER pro tempore. The 897; adopting House Resolution 897, if F. Lamborn Rice (NY) Chair will remind all persons in the Duckworth Lance Rice (SC) ordered; and suspending the rules and Duffy Langevin Rigell gallery that they are here as guests of passing S. 3283. Duncan (SC) Larson (CT) Roby the House and that any manifestation

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